Laxman Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.12199 of 2018 (2) dt.16-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12199 of 2018 Arising Out of PS.Case No. -684 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Laxman Kumar, s/o Bhola Paswan, r/o. vill. Gachhi Tola, P.S. Begusarai Town, Dist. Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner is in custody since 09.12.2017 in connection with Begusarai Town P.S. Case No. 684 of 2017 for the alleged offences under Sections 379 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and on being apprehended on the spot after being chased by the police, none of the incriminating articles have been recovered from his possession who has also not been put on T.I. Parade for identification of the articles. The petitioner has one other case in which he is accused which is of different nature. Similarly situated co-accused Sanatan Kumar @ Budhna has been granted bail by the learned Court below.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 684 of 2017 on the following

Patna High Court Cr.Misc. No.12199 of 2018 (2) dt.16-03-2018 conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T